changing perceptions: achieving equal protection for children

Changing Perceptions: Achieving Equal Protection for Children Wednesday 22 March 2017

Jacqueline Melville

Policy and Research Officer

Achieving Equal Protection for Children

Housekeeping

Mairead McCafferty

Chief Executive


Welcome and outline of afternoon #EqualProtection

Koulla Yiasouma

Commissioner


Changing views: Northern Ireland and Equal Protection

Graphic of Commish with cape – at Stormont or with children



‘No exceptions ... all forms of violence against children, however

light, are unacceptable ... Frequency, severity of harm and intent

to harm are not prerequisites for the definitions of violence ...

definitions must in no way erode the child’s absolute right to

human dignity and psychological integrity by describing some

forms of violence as legally and/or socially acceptable.’

UN Committee on the Rights of the Child (2011) General Comment 13,

para 17

No Exceptions


‘Prohibit as a matter of priority all corporal punishment in the

family, including through the repeal of all legal defences, such as

“reasonable chastisement”; Strengthen its efforts to promote positive and non-violent forms of

discipline and respect for children’s equal right to human dignity

and physical integrity, with a view to eliminating the general

acceptance of corporal punishment in child-rearing.’

Extract from UN Committee on the Rights of the Child (2016) Concluding

Observations, para 41

Concluding Observations


Do you know that in Northern Ireland the law allows a parent to

physically punish their child – physical punishment can include

smacking or hitting?

Only 1 in 3 adults (33%) were aware that the law currently allows a

parent to physically punish a child.

Knowledge of the law


Which of the following forms of discipline or punishment do you

feel are acceptable?

Acceptable Discipline

0%

10%

20%

30%

40%

50%

60%

70%

80%

Withdrawal of treats, pocket money, etc

Grounding Negotiation or discussion

Time out Shouting Physical punishment such

as hitting or smacking

Ignoring or walking away


Acceptability of Physical Punishment

Question used by NSPCC (2000) & NISRA (2001). Reported in Bunting L. (2003) Views on Physical Discipline: The Finding from Three Surveys. Belfast: NSPCC.


Effective Parenting

Do you think positive parenting is more or less effective than physical

punishment?

0%

10%

20%

30%

40%

50%

60%

Positive parenting

is much more

effective

Positive parenting

is a little more

effective

Both equally

effective

Physical

punishment is a

little more effective

Physical

punishment is

much more

effective

All respondents

Parents


In NI if you smacked or hit another adult it is prohibited by law. Would you

support or oppose a change in the law to give children the same protection

that adults have?

Support for Change

Definitely support

37%

Tend to support

26%

Tend to oppose

20%

Definitely oppose

9%

Don't know

8%


In NI if you smacked or hit another adult it is prohibited by law. Would you

support or oppose a change in the law to give children the same protection

that adults have?

Age and change Age Support for change

18-24 77%

25-34 65%

34-49 63%

50-64 60%

65+ 55%


Have you previously been given any information about positive

parenting or alternatives to physical punishment?

Only one in five parents (20%) said they had been given

information about positive parenting or alternatives to physical

punishment

Positive Parenting

Equally Protected? The Story in Scotland So Far

Pauline McIntyre Parliamentary & Policy Officer

Children and Young People’s Commissioner Scotland

The Story So Far

• Consortium of children’s organisations working in partnership to change the law on physical punishment in Scotland

• Jointly commissioned research

• Working on a Members’ Bill

Equal Protection

• Children currently have less protection

from assault under Scots Law than any other group.

• Children deserve equal protection

• Amending the law will help achieve that aim

‘A’ vs UK Government

• 1994 Court case in England • Stepfather repeatedly beat his 9 year old

stepson with a cane • Stepfather acquitted – found to be

‘reasonable punishment’ • ‘A’ appealed to European Court of Human

Rights and was successful. • Legal change followed to comply with 1998

judgment.

Criminal Justice (Scotland) Act 2003

As the Bill was progressing through the Scottish Parliament in 2002, a number of key issues were raised:

1. The perceived lack of evidence that a ‘light’ smack could cause lasting harm to a child

2. Debate around what constituted ‘severe’ physical punishment.

3. The perceived tension in legislating when a ‘parental right’ existed

As a result: decision made to prohibit only certain types of physical punishment.

Quotes from Criminal Justice (Scotland) Bill Debate

‘You suggest that if a child sticks his finger in an electrical socket, he should be removed and given time out. However, many homes may not contain a suitable facility for time out – people may be living in one room. No matter how good parents are, they cannot keep an eye on their child all the time. If a child is sufficiently determined…and sticks its finger back into the electric socket….It must be made apparent to the child that its actions have consequences. In situations such as the one that we are discussing, is a light smack not the answer?’ (MSP) ‘Although we all may desire to legislate to ensure that no child is damaged by hitting, the practicalities of the law might mean that some innocent and good parents were prosecuted, as they would not be able to hit their child in any circumstances. Do you worry about what might happen to good parents who are caught out by the law?’ (MSP)

Quotes from Criminal Justice (Scotland) Bill Debate

‘What evidence is there that simply hitting – I am talking about a light slap or smack as opposed to anything damaging or degrading – damages a child in later life?’ (MSP) ‘The real bone of contention…is whether there is any age – whether two, three or four – at which it would be damaging to allow parents to smack the child. Parents would not have the defence of physical chastisement. They would simply not be able to smack at all.’ (MSP)

The Language of Physical Punishment

• ‘light tap’ • ‘light smack’ • ‘trivial smack’ • ‘a loving smack’ • The language we use to describe physical

punishment is key to how we view it within society.

Legislation in Scotland

Section 51 of the Criminal Justice (Scotland) Act 2003 • Defence of ‘justifiable assault’ • Can be used where ‘a person claims that something

done to a child was a physical punishment in exercise of a parental right or of a right derived from having charge or care of the child’.

• Excludes blows to the head, shaking, or the use of an implement.

The Smacking Debate in Northern Ireland: Messages from Research

• Review on physical punishment in

Northern Ireland published in 2008 • Commissioned by NICCY, NSPCC (NI)

and Barnardo’s (NI) • 138 journal articles – published

between 2000 and 2005 • Key recommendation: The UK

Government and devolved assemblies should prohibit all physical punishment of children

Equally Protected?

• We wanted to update the findings of the NI Review – 10 years on

• Research commissioned jointly by the

Children and Young People’s Commissioner Scotland, Barnardo’s Scotland, Children 1st and NSPCC Scotland.

• Research carried out by 3 researchers from the University College London – Anja Heilmann, Yvonne Kelly and Richard G Watt.

• Steering group formed to agree the focus of the research

Research Questions

1) Prevalence of/attitudes towards different types of parental punishment in the UK and other OECD countries?

• trends over time? • what evidence is there of changes in

prevalence/attitudes in countries that have made physical punishment illegal?

2) What are the effects of physical punishment on child health and development, and later-life health and well-being? 3) Is parental use of physical punishment related to an increased risk of child maltreatment?

Definition of Physical Punishment

• The review used the definition of physical punishment contained in the UN Convention on the Rights of the Child:

“‘Corporal’ or ‘physical’ punishment is any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light.”

• Used studies conducted in OECD countries – published in

English between January 2005 and June 2015

• Used only longitudinal studies – to avoid reverse causation (i.e. so we could be certain that behaviour arose as a result of physical punishment and wasn’t due to pre-existing factors)

Prevalence - Scotland

58

56

42

84

0 20 40 60 80 100

Smacking prevalence (MCS 2006, child age 5)

"My parents smack me when I have done something wrong" (GUS 2012/13, child age 7)

“It may not be a good thing to smack, but sometimes it is the only thing that will work”

(GUS 2006, child age 4)

Smacking is ‘not very’ or ‘not at all’ useful (GUS 2006, child age 4)

Prevalence (%)

MCS = Millennium Cohort Study GUS = Growing Up in Scotland

Prevalence – UK as a whole

53.1

10

41

2.8

0 10 20 30 40 50 60

Smacked on bottom with bare hand

Regular physical punishment

Prevalence (%) 1998 2009

Physical punishment reported by young adults aged 18-24 (Radford et al. 2011)

Countries Where Physical Punishment is Prohibited

24 countries included (19 in Europe) Key findings

Legal bans of physical punishment are associated with declines in prevalence as well as public acceptance.

Decline in severe physical abuse in countries where physical punishment is prohibited.

Systematic review of laws, attitudes and behaviours in countries with a legal ban (Zolotor and Puzia 2010)

Wider Prevalence – Key Findings

• In many countries, the prevalence of physical

punishment is declining and becoming less acceptable

• A high proportion of parents doubts that physical punishment is useful

• Declines in physical punishment are accelerated in countries that have prohibited its use

• In many countries, legal bans have been implemented without a majority of public support

• The passage of legislation in combination with public awareness campaigns leads to a change in public attitudes

What Are the Effects of Physical Punishment on Child Health and Development?

Longitudinal studies only

74 original research articles

2 reviews (Gershoff and Bitensky 2007; Ferguson 2013)

Childhood Aggression & Anti-Social Behaviour

By far the most studied outcome (55 studies, 2 reviews).

Strong and consistent evidence from good-quality research that physical punishment is associated with increased childhood aggression and antisocial behaviour.

42 out of 55 studies found that physical punishment predicted increases in aggression and antisocial behaviour over time. (38 controlled for initial levels of the behaviour under study).

Supported by findings of the 2 reviews.

Childhood Aggression & Anti-social Behaviour

Evidence of reciprocal effects 11 out of 14 studies found evidence of reciprocal effects.

Physical punishment exacerbates existing problem behaviour – vicious cycle of cascading conflict.

Initial problem

behaviour

Physical punishment

Increased problem

behaviour

Harsher physical

punishment

Further increased problem

behaviour

Childhood Emotional & Mental Health

Includes anxiety, depressive symptoms

10 out of 19 studies found evidence for detrimental effects

Detrimental effects supported by the 2 reviews

5 studies: mixed results; 4 studies: no associations

Totality of the evidence suggests that there is a link between physical punishment and child mental health problems

Effects on Later Life – Health & Well-being

• Adult aggression and antisocial behaviour, including

aggression and sexual violence within intimate partner relationships

• Adult mental illness

• Adult substance misuse (alcohol, drugs)

• Some (but less consistent) evidence of links with depressive symptoms and reduced self-esteem in later life.

Link Between Physical Punishment and Child Maltreatment

Six individual studies, one review

Outcomes studied:

• Parental use of severe physical violence (4 studies)

• Injury requiring medical attention (1 study)

• Involvement with Child Protective Services (1 study)

All 6 individual studies and the review reported a link between physical punishment and child

maltreatment.

Conclusions

Physical Punishment

• is not effective in achieving parenting goals.

• is detrimental to children’s health and development.

• carries a serious risk of escalation into injurious abuse and maltreatment.

• declines faster in countries where it is prohibited.

Recommendations

1. All physical punishment of children should be prohibited by law

2. Legislation should be accompanied by large-scale information and awareness campaigns.

3. Support parents to use positive parenting strategies.

4. Organisations and professionals concerned about child welfare need to work together to develop advocacy and lobbying strategies which call on policymakers for an urgent change in legislation to end all physical punishment of children.

Learning from Equally Protected?

• Partnership is key • Benefits of research in providing a clear

starting point for debate • Wide range of voices required – not just

the ‘usual suspects’ • Benefits of framing issue from a public

health perspective

Scottish Context

• Thinking has shifted considerably in last 15 years

• Children’s rights very firmly on the political

agenda • Range of legislation that has sought to put

children needs front and centre • Aspiration of ‘Best Place to Grow Up’

Key Barriers to Government Support

• No firm commitment from Government to prohibit physical punishment

• Perception that legislating would interfere in family life

• Perceived risk of criminalising parents • Belief that attitudes and behaviours will

change organically over time

Parental Rights

• Parental rights and responsibilities in Scotland are set out in the Children (Scotland) Act 1995

(a)to safeguard and promote the child’s health, development and welfare; (b)to provide, in a manner appropriate to the stage of development of the child— (i)direction; (ii)guidance, to the child;

Criminalisation

• ‘We don’t want to criminalise parents’ • ‘Child protection systems will be

overwhelmed’ • ‘It’s impossible to police people in their

own homes’ • ‘Public attitudes towards physical

punishment are changing regardless’

Equal Protection – Members’ Bill

• Joint approach made to a Green Party Member of the Scottish Parliament (MSP), John Finnie, who agreed to put forward a Members’ Bill

• Bill would remove ‘justifiable assault’

defence and provide children with equal protection from assault

• Bill would not create a new offence

Members’ Bill - Process

• 12 week consultation - report • Final proposals lodged – cross-party

support required • Draft Bill produced

The Consultation Paper

• Evidence-based & non-judgmental

• Language carefully chosen – e.g. physical

punishment, not ‘smacking’

• Providing clear examples of how other legislation has led to cultural shift

• Highlighting links with Scottish Government policies and strategies

Securing Support for Change

• Seminar in Scottish Parliament to highlight Equally Protected findings

• Fringe events at Green Party and

Labour Party conferences in Scotland • Journal articles/media coverage

What Next?

• Launch of consultation • Work to identify key partners who can

provide supportive comments – including Members of the Scottish Parliament, parenting groups, church groups, Police, prosecutors and health.

• Creation of a media strategy

• Tapping into the expertise of those who have gone before – the Republic of Ireland

facebook.com/cypcs

@cypcs

@cypcs

@cypcs

Telephone: 0131 346 5350

Young peoples’ freephone: 0800 019 1179

Email: [email protected]

Text: 07702 335 720

Write: Rosebery House

9 Haymarket Terrace

Edinburgh

EH12 5EZ

www.cypcs.org.uk

Jillian van Turnhout

Former Senator Seanad Eireann


Ireland’s Journey to Achieve Equal Protection

Ireland’s journey to achieve Equal Protection

Jillian van Turnhout @JillianvT Email: [email protected]

Ban on Corporal Punishment

• 52 states have achieved prohibition of corporal punishment in all settings, including the home

• 54 states are committed to achieving a complete legal ban

Global Initiative to End All Corporal Punishment of Children, March 2017

Global Initiative to End All Corporal Punishment of Children

“The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment“

General Comment no 8 UN Committee on the Rights of the

Child

Most corporal punishment involves hitting (smacking, slapping, spanking) children, with

the hand or with an implement. It can also involve kicking, shaking or throwing children,

scratching, pinching, biting, pulling hair or boxing ears, forcing children to stay in

uncomfortable positions, burning, scalding or forced ingestion.

Amendment: Non-Fatal Offences Against the Person Act

“The common law defence of reasonable

chastisement is abolished.”

Ireland

Abolition of defence of reasonable chastisement

“The attitude you have as a parent is what your kids will learn from more than what you tell them. They don't remember what you try to teach them. They remember what you are.”

Jim Henson

Learning by example

• can cause serious harm to children; • teaches children that violence is an

acceptable way of solving conflicts; • is ineffective as a means of

discipline;

• makes it more difficult to protect children from severe abuse if some forms of violence are legitimate.

Amendment: Non-Fatal Offences Against the Person Act

“The common law defence of reasonable

chastisement is abolished.”

Ireland

Abolition of defence of reasonable chastisement

Professor Geoffrey Shannon Government Special Rapporteur on Child Protection

Lithuania

14 February 2017

Children have the right to be protected from of all forms of violence, including corporal punishment, by their parents, other legal representatives, persons living with them or other persons."

Jillian van Turnhout [email protected]

Mairead McCafferty

Chief Executive


Roundtable Discussion and Feedback

(Chatham House Rules)

Mairead McCafferty

Chief Executive


Panel Question and Answer

Koulla Yiasouma

Commissioner


Equal Protection: steps to supporting children and families


“The distinct nature of children, their initial

dependent and developmental state, their unique

human potential as well as their vulnerability, all

demand the need for more, rather than less, legal

and other protection from all forms of violence.”

UN Committee on the Rights of the Child (2006) General

Comment 8, para 21.


Thank you for attending You can out more about our work at www.niccy.org and follow us on Twitter @nichildcom.

http://www.niccy.org/

changing perceptions: achieving equal protection for children

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